Government warns over bogus labour inspectors

The employment and labour department has warned employers against people posing as labour inspectors and CCMA officials with the intention of swindle money out of them.

“Deceptive individuals posing as labour inspectors are visiting workplaces to conduct illegal inspections,” the department Gauteng spokesperson Mischack Magakwe said.

“Employers are then issued bogus inspection reports and contravention notices.”

People issued these “fines” are then forced to pay a R500 fine or else “face the consequences”.

“The department emphasises that none of the services provided by its inspectors requires payment to them or their bank accounts,” he said.

Magakwe explained that there were procedures that must be followed after an inspector discovered non-compliance to labour laws.

An immediate spot fine was not one of these, he said.

“After labour inspectors discover non-compliance with labour laws, the procedure that must be followed includes a different approach to different situations and legislations,” Magakwe said.

He added that in compliance with the Basic Conditions of Employment Act – Non-compliance, labour inspectors issued a compliance order that required the employer to comply within 14 days.

If the employer failed to comply within the 14 days, Magakwe said a confirmatory notice informing the employer that they failed to comply with the requirement of the compliance order.

The matter will then be referred to statutory services for enforcement.

However, he noted that there was a “significant” difference between the Employment Equity and Occupation Health and Safety acts.

“Should there be a non-compliance with the Employment Equity Act, the inspector will issue a confirmatory notice and refer the matter to statutory service depending on the section violated,” Magakwe said.

He further said that if the regulations related to the Occupational Health and Safety Act were not followed, a contravention notice would be issued by the inspector, giving the employer 60 days to comply.

Failure to comply with the notice after the 60-day period, Magakwe said, would result in the inspector issuing a confirmatory notice informing them [the employer] that the matter was referred for prosecution.

“Also, if the non-compliance poses a life-threatening situation the inspector will immediately issue a prohibition notice,” he said.

The prohibition notice would prohibit the person from using what the inspector had prohibited.

“Failure to comply results in immediate prosecution. At times the situation will require the inspector to issue an improvement notice,” Magakwe said.

He, again, reiterated that an immediate spot fine was not among the procedures that were supposed to be followed after labour inspectors discovered non-compliance to labour laws.

“To avoid becoming a victim of a con artist posting as a labour inspector, the department advises you to remember that genuine inspectors are easily identified by identification cards bearing the departmental logo and trademark forms,” Magakwe said.

“These are created prior to the inspection.”

He further said that employers should never deposit money into anyone’s account – even if they were a legitimate labour official.

“Do not agree to do favours for the person inspecting in exchange for a more favourable inspection result,” Magakwe said.

ALSO READ: School principal concerned over growing number of ‘amaphara’

Magakwe also highlighted that the employment and labour department provided all of its services at no cost.

He added that the department also did not have any agreements or partnerships with recruitment agencies nor had it authorised any organisation to charge a fee for the services the department provided.

“Employers are advised not to pay for services provided by con artists posing as labour inspectors or CCMA officials. Employers must be extra cautious and report any suspicious visits or requests to SAPS or the department’s nearest offices,” he said.

The credentials of labour inspectors or CCMA officials could be checked at the department’s offices.

Do you have more information about the story?

Please send us an email to editorial@rekord.co.za or phone us on 083 625 4114.

For free breaking and community news, visit Rekord’s websites: Rekord East

For more news and interesting articles, like Rekord on Facebook, follow us on Twitter or Instagram